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As it did at least three times during the twentieth century, the United States (this time joined by its most reliable ally, the United Kingdom, and a few others) has once again deposed a brutal tyrant. The long and cruel rule of Saddam Hussein came to a close in 2003 after a short war. Operation "Iraqi Freedom" had four phases: military deployment and preparation; initial attack; capture of Baghdad and overthrow of the regime; and reconstruction and peacekeeping. In every phase except the last, the AngloAmerican alliance (the Coalition) had remarkable success.1 The first three phases-that is, the international war proper-lasted from March 19, 2003 until April 14, 2003. These were followed by a period of military occupation, the return of sovereignty to Iraq, and, finally, an unprecedented democratic election in the country-all of it amid virulent insurgent violence.2
The war in Iraq has reignited the passionate humanitarian intervention debate. President George W. Bush surprised many observers in his second inaugural address when he promised to oppose tyranny and oppression, and this in a world not always willing or ready to join in that fight. Humanitarian intervention is again on the forefront of world politics.
Many have criticized the war, in all parts of the world. Much of the criticism challenges the twin assumptions made by Coalition leaders: that the United States had to neutralize the dangers posed by Iraq, and that the war can be justified as part of the war on terror. The legal arguments against the war have focused largely on self-defense and enforcement matters, in particular: whether the justifications given by the Coalition were genuine, given the fact that no weapons of mass destruction were discovered in Iraq; whether the war could be justified as enforcement of prior security Council resolutions; whether preventive self-defense is admissible under international law; whether the war against Iraq can be justified as part of a reaction against the attacks of September 11, 2001; whether the Iraq war has severely undermined the system of the UN Charter; and whether the law of self-defense should be radically changed in the light of the new realities that the international community has to face.3 These criticisms have arisen against the background of a growing distrust of American power and...